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The Conservative Case Against the House Medical Malpractice Bill

The Freedom Caucus has put the brakes on a medical malpractice bill in the House of Representatives over concerns about states’ rights.

Freedom Caucus chairman Mark Meadows (R-North Carolina) told Inside Health Policy that the bill (HR 1215) was pulled from a vote last week because of concerns over states’ rights.

According to Joanne Doroshow of the Center for Justice and Democracy, the bill would pre-empt state tort laws, imposing a federally-mandated across the board $250,000 cap on compensation for non-economic injuries – like paralysis and trauma – which would be mandated in states even where such caps are unconstitutional.

And it would impose a federally-mandated statute of limitations – the time limit for someone to file a meritorious lawsuit – which is more restrictive than a majority of state laws.

The bill barely made it out of the House Judiciary Committee by a vote of 18 to 17.

“Along with every Democrat, Ted Poe (R-Texas) voted against it,” Doroshow said. “Louie Gohmert (R-Texas) was absent for the vote after saying he’d vote against it. In fact, they did the same last year.”

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